Personal Injury & Medical Negligence
The claimants wanting a speedy resolution are met with defendants who want every dispute properly investigated.
The protocol periods before proceedings are likely to increase from 3 to 4 months and yet too few disputes are sorted out early enough.
Delay and cost become very big issues – the one encourages the other.
Early use of either mediation or joint settlement meetings is another recommendation in the Jackson Report of 1/10 at 18-23.
ANM mediators specialising in clinical negligence and personal injury come from both medical and legal backgrounds.
Personal Injury Disputes
“There is a widespread belief that mediation is not suitable for personal injury cases. This belief is incorrect. Mediation is capable of arriving at a reasonable outcome in many personal injury cases, and bringing satisfaction to the parties in the process. However, it is essential that such mediations are carried out by mediators with specialist experience of personal injuries litigation.”
Lord Justice Jackson, cost review final report, January 2010
We do not suggest that you mediate every personal injury claim. The first step to resolving any dispute is to try and negotiate a settlement with your opponent. However if your attempts to negotiate are unsuccessful we strongly suggest that you should consider mediation before litigation.
The benefits of personal injury mediation
• Mediation has a proven track record in achieving settlement in personal injury cases
• It is a cheaper and quicker solution than the conventional litigation process
• The process is also a more predictable and flexible method of resolving disputes than the old fashioned litigation process
• Our mediators offer telephone mediation for fast track cases as well as face to face mediation settlement meetings for multitrack and catastrophic injury claims
Our team of expert mediators have specialist knowledge and experience in facilitating personal injury mediation cases, ensuring the case has the best possible chance of settlement
Clinical Negligence Disputes
A report by Linda Mulcahy has uncovered that 70% of claimants interviewed expressed dissatisfaction with the conventional litigation
process. The litigation process has been criticised because it is lengthy, expensive, and inflexible, and the outcome is uncertain. The agenda is
dictated by the legal system. Also, people feel marginalised by the court process over which they feel they lack any real control.
The benefits of clinical negligence mediation:
• Mediation guarantees ‘a day in court’ for both sides but in a private, confidential and informal setting where the ordeal of giving evidence is removed
• The risk that even the strongest of cases may not succeed before the judge
• Mediation allows the parties to consider alternative solutions including
acceptance of fault, an explanation and/or an apology
• The Claimant can talk to a real person, not a faceless Trust, and the clinician concerned can talk to the injured person
• Parties may be able to preserve an ongoing relationship and/or achieve
closure in relation to the real issues
We have a team of fully trained specialist clinical negligence mediators to help the parties reach a satisfactory solution. The success rate in terms of settlement in this area is over 90%.
We have a panel of mediators for medical and personal injury, please contact our panel convenor Phil Hesketh
for details. For PI insurance enquiries please contact Brian Dawson